When an employee of NBC Universal (NBCU) reported that she was being subjected to unwelcome sexual remarks while on the job, the company did not investigate the allegations to her satisfaction. Instead, she claims, her supervisor retaliated against her for making the report, and she ultimately lost her job altogether. In the end, a California court will decide whether or not NBCU appropriately dealt with the harassment report, and how
If privacy is an issue that has started to cause you concern, you are not alone. In Oakland, California, a trio of concerned citizens has decided not to sit back and wait for the technology industry to figure out how to safeguard personal information. Instead, they have worked to put an initiative – The California Consumer Privacy Act of 2018 – on the ballot. If it passes, it will boost
Sexual discrimination can come in many forms. When firefighters decided to fight back against it in California, they made the case that it is impossible to successfully complete their mission when suffering the impacts of this devastating and illegal form of discrimination. In each case, reporting the discrimination resulted in retaliation. What We Know About Retaliation Researchers have determined that three in four reported cases of sexual harassment result in
Union representation at the bargaining table does not come for free. While union membership is a personal decision, paying for the unions is not optional in California. However, the United States Supreme Court may soon change that, and if it does, California will have to make some changes to the way unions do business. If you have concerns related to unions in California, a local employment attorney should be consulted.
Every employer has the potential to be sued by one or more employees; in a sense, it is often the price of doing business. When a company experiences multiple class action suits on a regular basis, however, is it a sign of a bigger problem? Suits Against Walmart A number of lawsuits have plagued Walmart over the years, spanning a variety of employee complaints. A handful of these suits include:
It is pretty tough to find someone these days who does not have a Facebook account. So, when reports broke of data sharing without individuals’ knowledge, let alone permission, it opened up Facebook to a flurry of legal action. If you have serious concerns on this score, a local attorney can help. What is the Problem? While the investigation into the facts of the matter is still ongoing, the things
When delivery courier service Dynamex decided to convert its drivers in California to independent contractors, one employee chose to challenge the legality of this action. With a court ruling condemning the activities of Dynamex, the viability of businesses in a gig economy in the Golden State has come into question. Court Findings The Court’s decision was based on the premise that when businesses misclassify employees, it is a dangerous practice
When discrimination occurs in a systematic way and is directed toward a protected group within a company, it could result in a class action suit against that company. In the case of Google, female workers allege that the company has methodically discriminated against them, and they point to alleged pay disparities to make their point. Beyond the compensation issue, the women claim they were denied opportunities for growth within the
David and Goliath? That is exactly the way some might view a battle with the federal government. Nonetheless, California is taking on the federal government in dozens of lawsuits based on court filings in 2017. Issues range from the environment to health care and on to immigration. The key claims revolve around the disproportionate harm that will fall to California if federal regulations are enforced. Clean Air Concerns Because the
When Jeff Schmeling’s TB test did not make it to his supervisor by the specified due date, he was fired. The California Department of Corrections thought the termination made perfect sense. The Third District Court of Appeals disagreed. Schmeling’s Perspective Schmeling knew that employees at the prison were required to submit annual test results indicating that they were not infected with tuberculosis. He was tested and assumed the nurse would
A janitorial company in Anaheim, California is the target of a lawsuit alleging payroll fraud. California Attorney General Xavier Becerra said the contractor One Source Facility Solutions, a subsidiary of a Pennsylvania-based company called USM, is an “unscrupulous company” whose business model is based on hiring subcontractors to serve their clients. Luckily for the more than 80 retailers that contracted with this company, it insulates them from being named in
Worldwide, individuals with disabilities face social barriers and experience discrimination in situations across a broad spectrum of locations on a daily basis. These include opportunities to enjoy public buildings and community events, to participate in athletic events, and access to educational and employment opportunities, among others. In the United States, the Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities in the employment arena, as well as in
Women’s rights are consistently being threatened across the country, as vulnerable employees are forced to choose between keeping their jobs, or taking care of their pregnancies in a medically sound fashion. Women are speaking out more than even against the discriminatory actions of their employers, as evinced by the approximately 50% rise in lawsuits based on pregnancy discrimination over the past 15 years. A California Case of Note When her
While some support the gusto with which the Trump administration is targeting vast swaths of immigrants for deportation, California lawmakers have taken a stance in support of them. In addition to symbolic gestures, legal acts of some consequence are being undertaken. Worker Protection California’s Immigrant Protection Act (AB450) provides workers with strict protections from federal immigration authorities and levels fines of from $2-20,000 for violations of these protective provisions: Non-public
Organized farm labor took on Gerawan Farming in a legal battle over labor contracts, and won. A huge fruit farm conglomerate that produces fruit across the United States, Gerawan fought for the right to create a labor contract that the farmworkers’ union opposed. Previous court rulings dating back to 2002 mandated that California could intervene to determine wages and working conditions when disputes arose, and the California Supreme Court upheld
You can not turn on the news these days without hearing about new claims of sexual harassment. Most of the time, these claims involve well-known Hollywood figures like Harvey Weinstein and Louis C.K., political power players like Al Franken and Roy Moore, and even newsmen like Charlie Rose and Matt Lauer. The fact of the matter is that sexual harassment occurs in all kinds of situations that do not involve
If you have signed an agreement giving up the right to a jury trial in order to secure a contract, do you have grounds to change your mind? What if, once the work begins, you find the other party to be negligent or otherwise unsuitable as a contractual partner? You have signed a legal document, but you really want a jury of your peers to hear the evidence behind your
Billions of dollars is what experts project California will be on the hook for due to climate change in the coming century if companies responsible for contributing to it do not kick in their fair share. Projections for sea level changes could be disastrous for coastal properties and infrastructure in California. Estimates of two- to three-foot rises in seal levels could result in $8-$10 billion of coastal land becoming submerged
An abrupt policy change at LuLaRoe was one factor that led employees to file a class-action suit against their employer. In addition to shady business practices in general, the suit alleges that LuLaRoe is no more than a pyramid scheme. Details of the Case LuLaRoe is a direct sales clothing trademark whose sales people claim that they were deceived when the return policy for inventory changed without notice. Originally, employees
Will Californians feel the impact of disruptions to the DACA program? Attorney General Xavier Becerra believes they will, and is leading California’s legal challenge against the Trump administration, arguing that the state’s economy will be severely impacted when the over 200,000 young DACA residents, or Dreamers, are left unprotected. The lack of due process in the current administration’s rules will leave California with the lion’s share of disaffected Dreamers. A
Tech giant Oracle is facing legal action based on claims it has systematically paid women less than men for comparable jobs. The suit claims that the company knew, or should have known, that this discriminatory practice was rampant and that thousands of women have been unfairly under compensated over a period of years. If your employer is engaging in similar practices, the experienced attorneys at HKM may be able to
Does your employer require you to use your personal cell phone, tablet, laptop, or other device to do your job? BYOD—Bring Your Own Device—is the latest movement that has overtaken the workplace. It has benefits for both employees and employers, but some California employers have found that taking advantage of their workers’ willingness to BYOD may have legal consequences. If you find yourself in a similar situation, you may wish
Are you a California worker who is required to be on call for various shifts? Does it irk you to know that you cannot do the things you would normally be doing because you may have to hustle into work if somebody calls in sick at the last minute, or if there is an unexpected need for you for any other reason? Surely, at least you are paid to be
If you are a California woman who has concerns about starting a family because of possible implications for your career, you are not alone. Women frequently fear that they will not be allowed to compete in the workplace due to pregnancy and the responsibilities of raising a family. The truth is, women are guaranteed protections in America so that in this day and age, they do not have to choose
Do you question the scruples of your employer? Are you suspicious that certain policies and/or actions may break state or federal laws? Are shady practices cheating competitors or other organizations out of their fair profits? If so, are you considering blowing the whistle? Such action comes with certain dangers. Some employers do not take kindly to reports revealing their unprincipled practices, but you should know that both state and federal
As a condition of employment, were you asked to sign an arbitration agreement? If so, recent court cases related to California’s Private Attorneys General Act (PAGA) may be of interest to you. Consulting with a good employment attorney may be a worthwhile investment for you at this point. How Does Arbitration Work? Companies and individuals who sign on to arbitration agreements essentially decide to settle any disputes with the use
Are you immensely qualified, yet unable to obtain a job in your field? If so, you are not alone. Systems Engineer Cheryl Fillekes claims that Google refused to hire her despite her impressive qualifications. Why? Cheryl is 47 years old. She is now part of a class action suit involving close to 300 people claiming discrimination on the basis of age. Google denies the claim, but the court saw fit
Are workers required to have periodic breaks during the workday? Ask Elon Musk, CEO of SpaceX in Hawthorne, California. When workers were denied breaks every four hours, as required by California law, and also were not compensated for working during those required breaks, they went to the courts for a remedy. $4 million dollars later, the issue is settled, and Musk presumably understands his obligation to workers. This 2017 case
Sexual harassment can make a workplace more than a little uncomfortable, whether the offending behaviors are directed at you, personally, or at another individual or group. If you feel the environment at your place of work is unhealthy due to sexually offensive comments, jokes, emails, or gestures, or if you feel your advancement is directly connected to sexual behaviors, the experienced employment law team at HKM can help. What is
